Research On The Program Assistant System In Family Trials

Ongoing reform of family trials and working mechanism of the reform process,a series of problems to be resolved,one problem is that our current flaw legal representation system how to attack.In Family Justice,after the occurrence of a conflict of interest between the minor and his legal representatives or how to maintain the interests of minors,our law does not yet have rules.This article attempts to draw people in Germany Procedure Auxiliary System and Taiwan program supervisor system,and considering the current situation in China,and build the program assist people in our country.In the author's view,the procedure supporter means that in the case of family affairs involving minors,when there is a conflict of interest between the minor and the legal representative,and the legal agent can not exercise the agency right or have difficulty in exercising the agency right,Through the application of the parties or the Court ex officio confirmation,the election of persons with professional knowledge to assist juvenile litigation proceedings of the independent participants.With the development of society,the state and the interests of children theoretical principle of maximizing parental rights gradually integrated into our legal system,and at the same time,in order to compensate for the limitations of the system require legal representatives,the need to strengthen procedural safeguards for minors and promoting China's Family trial needs reform,it is necessary to build our program Assistant system.Our country can in cases involving minors,the identity of the parties by the court ex officio or upon application by public institutions or government departments who assisted part-time program,under exceptional circumstances,the court may also direct purchase services,employment-related professionals such as psychologists,counselors and other auxiliary programs as people involved in a conflict of interest with a minor legal representative,legal representative can not exercise the proxy rights and other cases,safeguard the interests of maximizing the minors.